Candidates in Brazil's 2026 elections can no longer be arrested except in flagrante delito, being caught in the act of a crime, under a rule that took effect on Saturday (Sept 19). The restriction comes from article 236 of the Electoral Code and runs until 48 hours after the first round, set for October 4. According to G1, no candidate may be detained between September 19 and October 6 unless arrested while committing a crime.
The shield begins 15 days before the vote and applies again in the runoff, scheduled for October 25. Candidates who stay in the race are covered from October 10 to 27, with the same exception. According to G1, the rule aims to keep the contest equal and prevent arrests from being used to sway the result.
"This provision has a historical origin. The law seeks to prevent political interference in the electoral process through arbitrary arrests," Bruno Rangel Avelino, an electoral law attorney, told EXAME. In his reading, investigations and prosecutions continue; only arrests and detentions are barred during the period fixed by law.
When an arrest is still allowed
Brazil's Code of Criminal Procedure defines flagrante as a suspect caught committing an offense, chased right after it, or found soon after with objects that point to authorship. Electoral crimes that can lead to an immediate arrest include vote buying and boca de urna, campaigning at the polls on election day, according to G1. A candidate arrested in flagrante must be taken promptly before a judge, who reviews the legality of the detention. The arrest alone does not end the candidacy: ineligibility requires a conviction by a collegiate court or a final ruling.
Arrest warrants issued before Saturday remain valid, though their execution can in practice be delayed, Avelino said. "The rule may hinder the execution of arrest warrants. Even so, the law in force still considers the protection of the electoral process, for a set period, more relevant," he said.
A shorter shield for voters
Voters have a similar protection for a shorter window: the five days before the vote and the 48 hours after it, from September 29 to October 6 in the first round and from October 20 to 27 in the runoff. The law allows three exceptions: flagrante delito, a final criminal conviction for a non-bailable offense, and defiance of a safe conduct issued by the electoral courts. Poll workers and party monitors are covered only while serving at polling stations. The candidate shield ends on October 6; those advancing to the runoff regain it from October 10 to 27.